Sudip Mazumdar v. State Of West Bengal & ORS

WPA 13698 of 2019 sg 19-02-2021 Ct. 11 Sudip Mazumder

Versus

The State of West Bengal & Ors.

(Through Video Conference) Mr. Sudipta Dasgupta, Adv.

Mr. Arka Nandi, Adv.

...for the petitioner Mr. Kanak Kiran Bandyopadhyay, Adv.

...for SSC Ms. Munmun Tewary, Adv.

...for the State The writ petitioner has qualified Teacher Eligibility Test (Upper Primary), 2015 and also participated in the selection process pursuant to the Notification dated 23rd September, 2016 issued for recruitment of Assistant Teacher for Upper Primary Level in Government Aided/Sponsored Schools. Petitioner prays for consideration of his candidature afresh from the stage of verification pursuant to the said Notification dated 23rd September, 2016 since the previous recruitment process initiated by the West Bengal Central School Service Commission has already been set aside by virtue of a judgment dated 11th December, 2020 passed by a co-ordinate Bench on a batch of similar writ petitions. Writ petitioner in the present petition has placed reliance upon the said judgment dated 11th December, 2020 and prays for same benefit as has been extended to the writ petitioners whose writ petitions were disposed of by the said judgment dated 11th December, 2020 by a co-ordinate Bench.

Mr. Kanak Kiran Bandyopadhyay, learned Advocate who usually represents the West Bengal Central School Service Commission submits

before the Court that since the previous selection process has already been cancelled by this Court, a fresh recruitment process has been initiated by the Commission from the verification stage and since the writ petitioner applied for participating in the recruitment process pursuant to the Notification dated 23rd September, 2016, the benefit of the said judgment dated 11th December, 2020 may be extended in his favour. In view of the above discussion, no further order is required to be passed in this writ petition save and except observing that the judgment and order dated 11th December, 2020 passed by a co-ordinate Bench shall also govern the case of the present writ petitioner. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

This Court appreciates the assistance rendered by Mr. Kanak Kiran Bandyopadhyay, learned Counsel who usually appears on behalf of the West Bengal Central School Service Commission and the Court directs the Commission to regularize the engagement of Mr. Bandyopadhyay, in this matter.

(Saugata Bhattacharyya, J.)